Real-Time Court Decisions and Other Developments in Asbestos Litigation.
United States District Court, M.D. North Carolina, February 28, 2020 United States District Court for the Middle District of North Carolina recently denied a dryer felt defendant’s motion to dismiss for lack of personal jurisdiction. The plaintiffs filed a lawsuit after William Brock was employed as an electrician and maintenance worker at RJ Reynolds Tobacco …
United States District Court, E.D. North Carolina, February 25, 2020 NORTH CAROLINA – The plaintiff, Belinda Foushee filed a claim with North Carolina Industrial Commission (NCIC) against Appalachian State University (ASU) alleging her daughter, Anneka Foushee or the decedent, contracted and died from mesothelioma as a result of her exposure to asbestos-containing products she used …
U.S. District Court, E.D. North Carolina, Northern Division, February 26, 2020 NORTH CAROLINA – On December 21, 2017, the plaintiff, Karen Cahoon filed a complaint alleging state law claims of negligence, breach of an implied warranty, failure to warn and punitive damages against, among others, the defendant, Edward Orton, Jr. Ceramic Foundation. A scheduling order …
District Court of Appeal of Florida, Third District, February 26, 2020 FLORIDA – An appeal was brought on behalf of the defendant, Union Carbide, after a second jury trial was completed and a jury verdict entered in favor of the plaintiff. The plaintiff, Paula Font, filed a wrongful death lawsuit alleging her father, Luis Torres, …
U.S. District Court C.D. of Illinois, February 25, 2020 ILLINOIS – The plaintiff sued several defendants alleging that Roy Hicks developed mesothelioma as a result of his exposure to asbestos for which the defendants were allegedly responsible. Specifically, Mr. Hicks alleged exposure to asbestos while working for the City of Bloomington, where he encountered asbestos …
United States Court of Appeals, Fifth Circuit, February 24, 2020 LOUISIANA — Noting that its precedents concerning the scope of the Federal Officer Removal Statute were “extraordinarily confusing,” in the matter of Latiolais v. Huntington Ingalls, Inc., the Fifth Circuit has aligned itself with sister circuits and clarified the requirements to remove a case to …
CONNECTICUT – The plaintiff, Patricia Murray, alleged that the decedent was exposed to asbestos from products manufactured or marketed by multiple defendants, including CBS Corporation. The defendant filed a motion for summary judgment arguing that there was insufficient evidence from which a reasonable jury could conclude that the decedent was exposed to asbestos from CBS’s …
United States Court of Appeals, Second Circuit, February 19, 2020 The Johns-Manville Corporation entered bankruptcy in the early 1980s. In 1986, the bankruptcy court established a fund pursuant to a settlement with Johns-Manville’s insurers to compensate individuals injured by the corporation’s asbestos-containing products. The court then ordered that all claims—both those against Johns-Manville based on their …
United States District Court, Southern District of Illinois, February 20, 2020 ILLINOIS – The plaintiffs, Arland and Dina Wieland, originally filed the instant matter in the Circuit Court of the Third Judicial Circuit, Madison County, alleging that Arland sustained injuries due to asbestos exposure. Trial in the matter started on Feb. 20, 2020 and on Feb. …
Supreme Court, Eastern District of Pennsylvania, February 19, 2020 The Trial Court PENNSYLVANIA – The plaintiffs, William Roverano and Jacqueline Roverano, filed an asbestos-related lawsuit on March 10, 2014 in the Court of Common Pleas of Philadelphia County. The plaintiffs alleged that William Roverano contracted lung cancer as a result of his exposure to asbestos-containing products …